‘Saldhiga Berbera wax Ictiraaf ka yar ma goyn karo.’
By Maxamuud Cabdi Jaamac (Xuuto)
Dhawr jeer oo hore ayaan iftiimiyey khilaafka maamul ee ka taagan madaarka Berbera oo u dhaxeeya Somaliland iyo Imaaraat ka, waxaana soo baxaya talaabooyin iska hor imanaya oo ay labada dhinac ku xanibeen shirkaddo shaqo ka qaban lahaa Madaarka Berbera oo muhiimada ugu wayni tahay Saldhig milatari oo ay Imaaraat ku doonayaan.
Somaliland ayaa bil.ka hor imaaraat-ka ka celisay shaqaale reer Jabuuti ah oo sub contract ka qaatay shirkad Tuuniisiyaan ah oo Imaaraat ku siiyeen si ay bishan April usoo qiimeeyaan dhabaha diyaarada oo aan illaa hada si rasmi ah loo isticmaalin.
Toddobaadkii hore ayaa waxa soo baxaya in maamulka Imaaraat ka ee madaarka Maamulaa uu madaarka u diiday shirkad Ingiriis ah oo qandaraas lagu siiyey mashruuc wax lagaga qabanayo madaarka ok sida muuqata ka socday dhinaca Somaliland maadama kuwii hore Imaaraat ku wateen.
Qoraalada hoose waa kij Imaaraat ku shaqaalaha Jabuuti ku casuumeen halka qoraalka kale yahay wax ka bedel madaxweynihii hore ee Somaliland Muuse Biixi ku sameeyay MOU gii Xukuumaddii Siilaanyo la gashay imaaraat ka.
Khilaafka u dhaxeeya Somaliland iyo Imaaraat ka ayaa saamayn ku yeeshay in xukuumadda cusubi la.macaamisho Imaaraat ka gaar ahaana Abu-dabai oo ah dawladda Qandaraaska Madaarka doonaysa.
“Berberi wax Go lagu qaado ka wayn” waa hal hays caan baxay oo odayaashii reer Somaliland shuruud kaga dhigeen Ingiriiska soo galitaankoodii Somaliland oo shuruudihii ay ku xidheen loo baahan yahay maanta mid ka wayn inaynu ku baayacno Saldhiga iyo Badda Somaliland.
SUMMERY REVIEW FINDINGS
These are the main points of the review findings conducted by the Solicitor General Office which is about the draft agreement concerning the development and management of the Berbera International Airport license agreement between the Somaliland government and ADFD/TIS. These points are some of the major once which need to be considered and which if parties agree upon, the rest will easily be corrected and finalized.
1) Development Of The Airport And Airport Site
Under section 3 of the draft agreement; Berbera International Airport Company and TIS will be granted an exclusive license and shall have the exclusive right and authority,
1. To operate, manage, develop, use and regulate the Airport, including enjoying complete and uninterrupted possession of Berbera International Airport and the Airport Site to provide the Services.
2. Develop, construct, lease and manage all of the land encompassing the Airport Site including the development and establishment of commercial real estate;
3. Determine, demand, collect, retain and appropriate charges/fees from all users of the Airport and the Airport Site for the provision of the Services;
However, the agreement did not mention and specify any infrastructure works concerning airport and airport site development, for example;
a) The construction and design of a new and modern civilian passenger terminal and infrastructure facilities at the Berbera Airport.
b) The construction and design of the land encompassing the Airport Site including the development and establishment of commercial real estate.
c) The indicative timeframe in which the developer will commence and complete the Airport infrastructure development works.
d) the concept Plan which shall include the construction, installation and/or creation of all assets and facilities (including all Infrastructure and Superstructure) within the boundaries of the airport.
Therefore, this agreement must provide in detail about what infrastructure facilitates that TIS Company will undertake in the airport and airport site, similar to the detailed services in SCHEDULE (3).
2) Critical Infrastructure
Section 5.2 (i) of the draft agreement provides that, the Grantor shall be fully responsible and liable for the costs of maintaining the critical infrastructure at and connecting to the Airport and on the Airport Site, including but not limited to any improvement, maintenance and major capital works required from the runway, security systems, and infrastructure; electrical works, plumbing works, stormwater drainage, waste disposal and the Airport terminal (collectively referred to as “Critical Infrastructure”).
However, this article completely contradicts with previous agreements between the Somaliland government and ADFD/UAE. Because under this licensing agreement, the grantor is the Somaliland government, and According to the 2017 MOU and the Term Sheet the new Berbera Airport Project (replaced one), ADFD was to finance the project and not by the Somaliland government who finances the project.
Therefore, this agreement must indicate provisions relating to, not only the right to operate and manage airport but also the developerโs responsibility to finance and develop a comprehensive aircraft service infrastructure including; a new and modern civilian passenger terminal; apron, taxiways, infrastructure facilities and equipment of passenger services, security and airport management to enhance commercial and civilian aviation operations at the Berbera Airport.
3) Exemption From Fees, Taxes, And Duties
Under section 4 (3) of the agreement, it indicates that; in consideration of the significant investment to be made by Berbera International Airport Company in providing the Services, including the construction, management, operation and development of the Airport, for the period of the Licence (including any future extensions), Berbera International Airport Company, TIS and their shareholders, subsidiaries, associates, holding companies, directors, and employees), contractors and consultants of non-Somaliland nationality shall be fully exempt from and be wholly indemnified by the Grantor for all charges, fees, lease fees, land taxes or any other fees, or charges whatsoever, all direct and indirect taxes, levies, royalties, fees, contributions or expenses, for the benefit of any tax, customs, local, communal, provincial or Governmental Authority of the Republic of Somaliland currently in force or which could be established during the Term, or any term extension thereof.
However, the redevelopment of the Berbera Airport by the ADFD was not intended by both the Somaliland government and ADFD/UAE to indemnify to ADFD or any other organization or company. This means that the proceeds of the grant were not and are not intended to cover the incurred expenses including the renovation of the main runway as provided in sections 4.1 and 4.2 in the Development MOU. Therefore, the reasoning of tax exemptions by the draft agreement is not totally in line with the previous agreement between Somaliland and ADFD. Furthermore, this section contradicts the financial laws of the country and it requires to be redrafted to differentiate what goods and services could be exempted from taxation.
4) Airport Project Implementation Unit
Section 7 of the draft agreement provides the Project Implementation Unit (PIU). However, it is required to establish a supervisory committee that consists of both parties. This is because at least the company is going to determine, demand and collect appropriate charges/fees from all users of the Airport, and this determination requires approval in order to legitimize them. Therefore, a supervisory committee, which is similar to the DP World Berbera Board, is more appropriate than PIU.
5) Employment
section 9 (3) of the draft agreement provides that, Berbera International Airport Company shall not employ third-country national at the Airport where Somaliland national can perform. However, The agreement should give priority to Somaliland nationals when selecting, recruiting and appointing employees and contractors.
6) Joint Venture Agreement
Somaliland government and the Abu Dhabi Fund for Development (ADFD) entered into a Memorandum of Understanding for the funding by ADFD Berbera International Airport (the new Airport); set out at Appendix
No. 2 of the Development MOU which aims to enhance the long-term economic prosperity of the Republic of Somaliland.
However, according to Addendum No. 8 to the Development MOU, this new airport project was repealed and the military base under Term Sheet and the Development MOU was converted into commercial and civil aviation services as well as military aviation operations.
Therefore, after long discussions and consultations with all concerned authorities and with the President, the Government of Somaliland concluded that; this agreement must be a joint venture agreement in which Somaliland Government and ADFD/TIS become shareholders to achieve their mutual benefits. Subject to the mutual agreement.
7) The Parties of the Agreement
The draft agreement provides that, the parties of the agreement are
1) The Government of the Republic of Somaliland (the โGrantorโ);
2) (โBerbera International Airport Companyโ);
3) Transport Infrastructure Services Limited (TIS)
However, Berbera International Airport Company is not yet established and it is not an existing entity. Therefore, it must be a part of the agreement.
Furthermore, the appropriate body which represents the Government of the Republic of Somaliland is the authority responsible for civil aviation. Therefore, the signatory part of Somaliland will not be the president but it will be the civil aviation authority.